Gardasil MDL Judge Will Hear Vaccine Act Preemption Arguments at Upcoming Hearing

CHARLOTTE, N.C. — A North Carolina federal judge has scheduled a hearing on Merck’s motion for partial judgment on the pleadings in the Gardasil multidistrict litigation, in which it argues that the National Childhood Vaccine Injury Act preempts claims attacking the HPV vaccine’s design.

Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina scheduled the hearing for March 11.

Plaintiffs allege Merck failed to warn that Gardasil could cause certain autoimmune and neurological injuries and took steps to mask and downplay those risks. They further allege Merck was negligent in the way …